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Summary

In November 2006, Wisconsin passed a constitutional amendment that prohibits marriage for same-sex couples in the state and bars recognition of any legal status that is "substantially similar" to marriage. In June 2009, Wisconsin Governor Jim Doyle signed domestic partnerships into law. Domestic partnerships grant limited but important legal protections to same-sex couples, including hospital visitation and the ability to take a family medical leave to care for a sick or injured partner.

Wisconsin Family Action, an antigay group, brought a lawsuit at the Wisconsin Supreme Court against the state arguing that the domestic partnership law is a violation of the antigay constitutional amendment barring marriage equality. After Wisconsin Attorney General Van Hollen announced that his office would not defend the state against the claim, Governor Doyle appointed special counsel to represent the state.

In September 2009, Lambda Legal filed a motion to intervene in the case on behalf of Fair Wisconsin, the statewide LGBT advocacy group, and its members and urged the Wisconsin Supreme Court to reject the case because it should have first been filed at a lower court.

In November 2009 the Wisconsin Supreme Court declined to exercise original jurisdiction over the matter.

Then on August 18, 2010, Wisconsin Family Action and the Alliance Defense Fund re-filed the challenge to Wisconsin's domestic partnership registry in the Dane County Circuit Court. Lambda Legal filed a motion to intervene on behalf of Fair Wisconsin and five same-sex couples.

History

September 2009 Lambda Legal files motion to intervene in the Wisconsin Supreme Court on behalf of Fair Wisconsin and its members.

August 2010 Wisconsin Family Action and Alliance Defense Fund file yet another lawsuit, this time with the Dane County Circuit Court.

October 2010 Lambda Legal files motion to intervene in the Dane County Circuit Court on behalf of Fair Wisconsin and five same-sex member couples.

December 2010 Court grants motion to intervene.

March 2011 Governor Scott Walker terminates the outside legal firm hired by Governor Doyle to defend the domestic partnership law. Lambda Legal continues to defend the law as the only defense counsel on the case.

May 2011 Governor Walker files notice to withdraw a motion for summary judgment that had been initiated by former Governor Doyle. The summary judgment asked for the court rule that the domestic partnership law was not in violation of the state's marriage amendment. Governor Walker also files a motion to be permitted to either withdraw from the case entirely, or to amend his office's position to say that the domestic partnership law is unconstitutional.

(Madison, WI, July 31, 2014) - Today the Wisconsin Supreme Court upheld the state’s domestic partnership registry as constitutional, bringing a joyful end to a long legal battle by Lambda Legal on behalf of Fair Wisconsin and five intervening defendant couples.
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(Chicago, IL, Wednesday September 11, 2013) - Today Lambda Legal filed a brief on behalf of Fair Wisconsin and five same-sex couples in the Supreme Court of Wisconsin, asking the court to uphold the state's domestic partnership law as constitutional.
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"Whomever Gov. Scott Walker chooses to represent the state in a case challenging the state’s domestic partner registry will have to share the defense with a pair of lawyers working for Lambda Legal, a national gay rights group....Link: view